SENATE AMENDED PRIOR PRINTER'S NOS. 2199, 4341 PRINTER'S NO. 4520
No. 1664 Session of 2007
INTRODUCED BY CALTAGIRONE, MARSICO, DALEY, HARRIS, HERSHEY, JAMES, KORTZ, R. MILLER, MYERS, O'NEILL, PAYNE, PETRONE, PHILLIPS, REICHLEY, J. TAYLOR, WOJNAROSKI, YOUNGBLOOD, GEIST, THOMAS, SIPTROTH AND MARKOSEK, JULY 3, 2007
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 7, 2008
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for theft of leased 3 property; AND, IN WIRETAPPING AND ELECTRONIC SURVEILLANCE, <-- 4 FURTHER PROVIDING FOR DISCLOSURE OF CONTENTS AND FOR 5 EXPIRATION OF CHAPTER. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Section 3932(b) and (c)(2) of Title 18 of the 9 Pennsylvania Consolidated Statutes are amended to read: 10 § 3932. Theft of leased property. 11 * * * 12 (b) Definition.--As used in this section[, a]: 13 (1) A person "deals with the property as his own" if he 14 sells, secretes, destroys, converts to his own use or 15 otherwise disposes of the property. 16 (2) A "written demand to return the property is 17 delivered" when it is sent SIMULTANEOUSLY by first class <-- 18 mail, evidenced by a certificate of mailing, AND BY <--
1 REGISTERED OR CERTIFIED MAIL to the address provided by the 2 lessor LESSEE. <-- 3 (c) Presumption.--A person shall be prima facie presumed to 4 have intent if he: 5 * * * 6 (2) fails to return the property to its owner within 7 seven days after a written demand to return the property is 8 delivered [by registered or certified mail to the person's 9 last known address]. 10 * * * 11 SECTION 2. SECTION 5742 HEADING AND (A) INTRODUCTORY <-- 12 PARAGRAPH OF TITLE 18 ARE AMENDED, SUBSECTION (A) IS AMENDED BY 13 ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY ADDING 14 SUBSECTIONS TO READ: 15 § 5742. DISCLOSURE OF CONTENTS AND RECORDS. 16 (A) PROHIBITIONS.--EXCEPT AS PROVIDED IN SUBSECTION (B) AND 17 (C): 18 * * * 19 (3) A PERSON OR ENTITY PROVIDING AN ELECTRONIC 20 COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE TO THE 21 PUBLIC SHALL NOT KNOWINGLY DIVULGE A RECORD OR OTHER 22 INFORMATION PERTAINING TO A SUBSCRIBER TO, OR CUSTOMER OF, 23 THE SERVICE. 24 * * * 25 (C) EXCEPTIONS FOR DISCLOSURE OF RECORDS OR OTHER 26 INFORMATION.--A PERSON OR ENTITY MAY DIVULGE A RECORD OR OTHER 27 INFORMATION PERTAINING TO A SUBSCRIBER TO, OR CUSTOMER OF, THE 28 SERVICE IF ANY OF THE FOLLOWING PARAGRAPHS APPLY: 29 (1) A RECORD OR OTHER INFORMATION MAY BE DIVULGED 30 INCIDENT TO ANY SERVICE OR OTHER BUSINESS OPERATION OR TO THE 20070H1664B4520 - 2 -
1 PROTECTION OF THE RIGHTS OR PROPERTY OF THE PROVIDER. 2 (2) A RECORD OR OTHER INFORMATION MAY BE DIVULGED TO ANY 3 OF THE FOLLOWING: 4 (I) AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICIAL AS 5 AUTHORIZED IN SECTION 5743. 6 (II) THE SUBSCRIBER OR CUSTOMER UPON REQUEST. 7 (III) A THIRD PARTY, UPON RECEIPT FROM THE REQUESTER 8 OF ADEQUATE PROOF OF LAWFUL CONSENT FROM THE SUBSCRIBER 9 TO, OR CUSTOMER OF, THE SERVICE TO RELEASE THE 10 INFORMATION TO THE THIRD PARTY. 11 (IV) A PARTY TO A LEGAL PROCEEDING, UPON RECEIPT 12 FROM THE PARTY OF A COURT ORDER ENTERED UNDER SUBSECTION 13 (C.1). THIS SUBPARAGRAPH DOES NOT APPLY TO AN 14 INVESTIGATIVE OR LAW ENFORCEMENT OFFICIAL AUTHORIZED 15 UNDER SECTION 5743. 16 (3) NOTWITHSTANDING PARAGRAPH (2), A RECORD OR OTHER 17 INFORMATION MAY BE DIVULGED AS AUTHORIZED BY A COMMONWEALTH 18 STATUTE OR AS AUTHORIZED BY A COMMONWEALTH REGULATORY AGENCY 19 WITH OVERSIGHT OVER THE PERSON OR ENTITY. 20 (4) SUBJECT TO PARAGRAPH (2), A RECORD OR OTHER 21 INFORMATION MAY BE DIVULGED AS AUTHORIZED BY FEDERAL LAW OR 22 AS AUTHORIZED BY A FEDERAL REGULATORY AGENCY HAVING OVERSIGHT 23 OVER THE PERSON OR ENTITY. 24 (C.1) ORDER FOR RELEASE OF RECORDS.-- 25 (1) AN ORDER TO DIVULGE A RECORD OR OTHER INFORMATION 26 PERTAINING TO A SUBSCRIBER OR CUSTOMER UNDER SUBSECTION 27 (C)(2)(IV) MUST BE APPROVED BY A COURT PRESIDING OVER THE 28 PROCEEDING IN WHICH A PARTY SEEKS THE RECORD OR OTHER 29 INFORMATION. 30 (2) THE ORDER MAY BE ISSUED ONLY AFTER THE SUBSCRIBER OR 20070H1664B4520 - 3 -
1 CUSTOMER RECEIVED NOTICE FROM THE PARTY SEEKING THE RECORD OR 2 OTHER INFORMATION AND WAS GIVEN AN OPPORTUNITY TO BE HEARD. 3 (3) THE COURT MAY ISSUE A PRELIMINARY ORDER DIRECTING 4 THE PROVIDER TO FURNISH THE COURT WITH THE IDENTITY OF OR 5 CONTACT INFORMATION FOR THE SUBSCRIBER OR CUSTOMER IF THE 6 PARTY DOES NOT POSSESS THIS INFORMATION. 7 (4) AN ORDER FOR DISCLOSURE OF A RECORD OR OTHER 8 INFORMATION SHALL BE ISSUED ONLY IF THE PARTY SEEKING 9 DISCLOSURE DEMONSTRATES SPECIFIC AND ARTICULABLE FACTS TO 10 SHOW THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE 11 RECORD OR OTHER INFORMATION SOUGHT IS RELEVANT AND MATERIAL 12 TO THE PROCEEDING. IN MAKING ITS DETERMINATION, THE COURT 13 SHALL CONSIDER THE TOTALITY OF THE CIRCUMSTANCES, INCLUDING 14 INPUT OF THE SUBSCRIBER OR CUSTOMER, IF ANY, AND THE LIKELY 15 IMPACT OF THE PROVIDER. 16 SECTION 3. SECTIONS 5743(C)(1), 5746(A), 5761(B) AND 5781 OF 17 TITLE 18 ARE AMENDED TO READ: 18 § 5743. REQUIREMENTS FOR GOVERNMENTAL ACCESS. 19 * * * 20 (C) RECORDS CONCERNING ELECTRONIC COMMUNICATION SERVICE OR 21 REMOTE COMPUTING SERVICE.-- 22 [(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), A PROVIDER OF 23 ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE 24 MAY DISCLOSE A RECORD OR OTHER INFORMATION PERTAINING TO A 25 SUBSCRIBER TO OR CUSTOMER OF THE SERVICE, NOT INCLUDING THE 26 CONTENTS OF COMMUNICATION COVERED BY SUBSECTION (A) OR (B), 27 TO ANY PERSON OTHER THAN AN INVESTIGATIVE OR LAW ENFORCEMENT 28 OFFICER.] 29 * * * 30 § 5746. COST REIMBURSEMENT. 20070H1664B4520 - 4 -
1 (A) PAYMENT.--EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION 2 (C), AN INVESTIGATIVE OR LAW ENFORCEMENT OFFICER OBTAINING THE 3 CONTENTS OF COMMUNICATIONS, RECORDS OR OTHER INFORMATION UNDER 4 SECTION 5742 (RELATING TO DISCLOSURE OF CONTENTS AND RECORDS), 5 5743 (RELATING TO REQUIREMENTS FOR GOVERNMENTAL ACCESS) OR 5744 6 (RELATING TO BACKUP PRESERVATION) SHALL REIMBURSE THE PERSON OR 7 ENTITY ASSEMBLING OR PROVIDING THE INFORMATION FOR SUCH COSTS AS 8 ARE REASONABLY NECESSARY AND WHICH HAVE BEEN DIRECTLY INCURRED 9 IN SEARCHING FOR, ASSEMBLING, REPRODUCING AND OTHERWISE 10 PROVIDING THE INFORMATION. REIMBURSABLE COSTS SHALL INCLUDE ANY 11 COSTS DUE TO NECESSARY DISRUPTION OF NORMAL OPERATIONS OF ANY 12 ELECTRONIC COMMUNICATION SERVICE OR REMOTE COMPUTING SERVICE IN 13 WHICH THE INFORMATION MAY BE STORED. 14 * * * 15 § 5761. MOBILE TRACKING DEVICES. 16 * * * 17 (B) JURISDICTION.--ORDERS PERMITTED BY THIS SECTION MAY 18 AUTHORIZE THE USE OF MOBILE TRACKING DEVICES WITHIN THE 19 JURISDICTION OF THE COURT OF COMMON PLEAS, AND OUTSIDE THAT 20 JURISDICTION [BUT WITHIN THIS COMMONWEALTH], IF THE DEVICE IS 21 INSTALLED WITHIN THE JURISDICTION OF THE COURT OF COMMON PLEAS. 22 * * * 23 § 5781. EXPIRATION OF CHAPTER. 24 THIS CHAPTER EXPIRES DECEMBER 31, [2008] 2013, UNLESS 25 EXTENDED BY STATUTE. 26 Section 2. This act shall take effect in 60 days. <-- 27 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <-- 28 (1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY. 29 (2) THE AMENDMENT OF 18 PA.C.S. § 5781 SHALL TAKE EFFECT 30 IMMEDIATELY. 20070H1664B4520 - 5 -
1 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60 2 DAYS. E11L18VDL/20070H1664B4520 - 6 -